Jesse Johnson Finley (November 18, 1812 – November 6, 1904) was a

brigadier general Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...

in the

Confederate States Army The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...

during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...

and a member of the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

from Florida, following the

reconstruction era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...

. He also served as mayor of

Memphis, Tennessee Memphis is a city in the U.S. state of Tennessee. It is the seat of Shelby County in the southwest part of the state; it is situated along the Mississippi River. With a population of 633,104 at the 2020 U.S. census, Memphis is the second-mos ...

; an volunteer officer in the

United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

during the

Second Seminole War The Second Seminole War, also known as the Florida War, was a conflict from 1835 to 1842 in Florida between the United States and groups collectively known as Seminoles, consisting of Native Americans in the United States, Native Americans and ...

; a member of the

Arkansas Senate The Arkansas State Senate is the upper branch of the Arkansas General Assembly. The Senate consists of 35 members, each representing a district with about 83,000 people. Service in the state legislature is part-time, and many state senators have ...

; a member of the

Florida Senate The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the Constitution of Florida, adopted ...

; and a Circuit Court Judge in Florida.

Early life (1812 to 1852)

Finley was born near

Lebanon, Tennessee Lebanon is the county seat of Wilson County, Tennessee, United States. The population was 38,431 at the 2020 census. Lebanon is located in Middle Tennessee, approximately east of downtown Nashville. Lebanon is part of the Nashville Metropolit ...

. He served as

captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...

of mounted volunteers in the

in 1836. Finley studied law and was admitted to the bar in 1838. He moved to

Mississippi County, Arkansas Mississippi County is the easternmost County (United States), county in the U.S. state of Arkansas. As of the 2020 United States Census, 2020 census, the population was 40,685. There are two county seats, Blytheville, Arkansas, Blytheville and O ...

in 1840, where he practiced law. Finley served in the

in 1841. He moved to

in 1842, and continued the practice of law. He served as mayor of Memphis in 1845. He moved to

Marianna, Florida Marianna is a city in and the county seat of Jackson County, Florida, United States, and it is home to Chipola College. The population was 6,102 at the 2010 census. In 2018 the estimated population was 7,091. The official nickname of Marianna is ...

in November 1846 and was elected to the

in 1850. Finley was a

presidential elector The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appo ...

on the Whig Party ticket in 1852.

Judicial Service to the State of Florida (1853 to 1861)

On May 1, 1853, Florida Governor Thomas Brown appointed Finley Circuit Judge of the Western Judicial Circuit of Florida.Hardy Finley served as a Circuit Judge of the Western Judicial Circuit of Florida from 1853 to 1861.

State of Florida v. Simon, A Slave

In June 1853, Finley presided over State of Florida v. Simon, A Slave. The case involved an arson and a confession under duress. The Collins Hotel in Pensacola, Florida burned on October 17, 1852; the Collins fire spread to the home of Francisco Moreno. On October 18, Dr. R.T. Maxwell's home burned, and an alleged arson attempt was made to the home of a Mrs. Derry, from which a perpetrator was discovered and fled. On October 19, Alex McVoy's home burned. After the McVoy fire, Pensacola Mayor Joseph Sierra ordered the arrest of Simon, one of McVoy's slaves, for arson. Sierra questioned Simon in the Mayor's office; took Simon's confession to arson of the Maxwell, Derry, and McVoy homes; and ordered Simon arrested. Simon was held in the Pensacola jail from October 1852 until trial in June 1853. Sierra testified at the June trial that during Simon’s interrogation "there was a great crowd just outside the mayor’s office calling for Simon to be hanged. According to Mayor Sierra, if not for the protection he gave Simon, 'the people would have taken imoninto their own hands.' The mayor told Simon that if he admitted that he alone had burned Dr. Maxwell’s house, that he would be tried and certainly hung. However, the mayor also told Simon that if he had accomplices, he could turn state’s evidence and his accomplices would be put on trial rather than him." Sierra further testified that when he asked Simon if he set these fires, "Simon replied, 'Send for my master, and I will tell the whole.' Simon’s master, Alex McVoy, arrived at the mayor’s office, and McVoy reiterated to Simon the warnings and promises that the mayor had already made. Simon then stated that he had set fire to Dr. Maxwell’s house, and that he was alone when he did it. Simon told Mayor Sierra and McVoy that he had started the fire at a ground-floor window on the east side of Dr. Maxwell’s house and remained there until it was blazing." Simon’s attorney Richard Lewis Campbell questioned Mr. Joseph Commyns, who "testified that he saw Dr. Maxwell’s house on fire at about 2 a.m. and that he was one of the first persons to arrive on scene. Commyns contradicted Simon’s purported confession. According to Commyns, the fire did not start at the ground floor of the house as Simon had stated, but rather at the shingles on the roof." Campbell also questioned Chester Knapp, who "contradicted Simon’s purported confession. According to Knapp, the fire had not started on the ground floor, but rather in the attic. Further, Knapp testified that upon seeing the attic in flames, he had tried to break down the front door of the home, and that had the ground floor windows been burning, he would have noticed." Following Campbell's examination of Commyns and Knapp, the State questioned McVoy, "who testified that he was in the mayor’s office when Simon confessed and that Simon was 'laboring under great terror, and that he never saw anyone more terrified.'" Citing American and English common law, Campbell motioned that Finley "exclude Simon’s confession from the jury’s consideration, arguing that Simon’s statements to Mayor Sierra were elicited by undue terror or the hope of reward." Finley denied Campbell’s motion and directed the jury "to determine whether Simon’s confession was voluntary." The jury found Simon guilty. Simon stated at a sentencing hearing that he was not guilty of arson. Finley then ordered Simon executed by hanging on Friday, August 26, 1853, between 10 a.m. and 1 p.m. by the Sheriff of Escambia County at “some convenient place.” Campbell appealed Finley's denial of Campbell's motion to the

Supreme Court of Florida The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...

. The Court heard oral arguments on July 13 and 14, 1853. On July 25, 1853, with Finley present, the Court reversed Finley's denial of Campbell's motion in a 2 to 1 ruling, and ordered a new trial. The Court based their decision "on the common law doctrine that for a confession to be admissible as evidence, the mind of the accused should at the time of the confession be uninfluenced by fear or hope. With respect to Simon’s confession, Justice lbert G.Semmes noted that there were 'few cases to be found in the books where stronger influences were brought to bear on the mind of the prisoner to extort a confession than the one before us. That it was made under the influence of fear or apprehension of personal violence, can scarce be doubted.' Justice Semmes noted that the crowd outside the mayor’s office was clamoring to hang Simon, and Mayor Sierra, who was Simon’s only protection from the crowd, was demanding that Simon confess. Justice Semmes reasoned that if Simon maintained his innocence, he risked alienating Mayor Sierra, which could have resulted in the mayor abandoning him to the crowd. Justice Semmes speculated that in Simon’s mind, a confession was 'the only immediate security for his person and his life.' Justice Semmes also focused on the fact that Simon was a slave, and that Simon made his confession in the presence of, and at the urging of, his master. According to Justice Semmes, 'the ease with which this class of our population can be intimidated, and the almost absolute control which the owner does involuntarily exercise over the will of the slave, should induce the courts at all times to receive their confessions with the utmost caution and distrust.' Further, Justice Semmes opined that the trial testimony proved that Simon had falsely confessed. Specifically, Justice Semmes noted that when Simon admitted to the burning of Dr. Maxwell’s house, he claimed to have set the fire at the east window on the first floor of the home, and that he had stayed there watching the fire until it blazed up. However, the two defense witnesses who testified at trial stated that the fire had started at the top of the house in the attic. One of these witnesses testified that, as the attic burned, he was located near the ground floor east window where Simon had confessed to starting the fire, but there was no fire there. According to Justice Semmes, ' ese witnesses, who are unimpeached, and whose testimony is uncontradicted, establish the fact, that the confessions of the prisoner as to the particulars of the burning were altogether untrue.' As Justice Semmes reasoned, if Simon had been truthfully confessing to arson, he would have had no reason to lie about the location where he had started the fire." Hardy stated that "without imon'scoerced confession, it did not appear there was any evidence to convict him." Simon was to be held in the Pensacola jail until the second trial. Finley cancelled the October 1853 Escambia County Circuit Court term due to a

Yellow Fever Yellow fever is a viral disease of typically short duration. In most cases, symptoms include fever, chills, loss of appetite, nausea, muscle pains – particularly in the back – and headaches. Symptoms typically improve within five days. In ...

epidemic. Simon’s second trial was postponed until the next Escambia County Circuit Court term, in June 1854. Simon died in the Pensacola jail on February 25, 1854. The Florida Supreme Court's 1853 reversal of Finley's decision established a precedent that confessions extracted by threats or promises are inadmissible at trial.

End of Pre- Civil War Judicial Service to the State of Florida

With the outbreak of the Civil War in 1861, Finley left service to the Western Judicial Circuit of Florida.

Service to the Confederate States of America (1861 to 1865)

Judicial Service

Finley was appointed judge of the

Confederate States The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...

court for the district of Florida in 1861. He resigned in March 1862 to join the Confederate Army.

Military service

Finley volunteered as a private in the 6th Florida Infantry of the Confederate Army, and was successively promoted to be the

colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...

of the regiment. He took part in the

Kentucky Campaign The Confederate Heartland Offensive (August 14 – October 10, 1862), also known as the Kentucky Campaign, was an American Civil War campaign conducted by the Confederate States Army in Tennessee and Kentucky where Generals Braxton Bragg and ...

Maj. Gen. Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...

Edmund Kirby Smith General Edmund Kirby Smith (May 16, 1824March 28, 1893) was a senior officer of the Confederate States Army who commanded the Trans-Mississippi Department (comprising Arkansas, Missouri, Texas, western Louisiana, Arizona Territory and the Indi ...

's column. His first significant combat came at the

Battle of Chickamauga The Battle of Chickamauga, fought on September 19–20, 1863, between United States, U.S. and Confederate States of America, Confederate forces in the American Civil War, marked the end of a Union Army, Union offensive, the Chickamauga Campaign ...

, where his regiment captured a battery of Union artillery, but was unsupported and forced to withdraw with 165 casualties. He was promoted to

on November 8, 1863 (with date of rank of November 16), commanding all of the Florida infantry in the

Army of Tennessee The Army of Tennessee was the principal Confederate army operating between the Appalachian Mountains and the Mississippi River during the American Civil War. It was formed in late 1862 and fought until the end of the war in 1865, participating i ...

. Finley's Brigade, part of Maj. Gen.

John C. Breckinridge John Cabell Breckinridge (January 16, 1821 – May 17, 1875) was an American lawyer, politician, and soldier. He represented Kentucky in both houses of Congress and became the 14th and youngest-ever vice president of the United States. Serving ...

's division, was caught up in the Confederate rout at the

Battle of Missionary Ridge The Battle of Missionary Ridge was fought on November 25, 1863, as part of the Chattanooga Campaign of the American Civil War. Following the Union victory in the Battle of Lookout Mountain on November 24, Union forces in the Military Division of ...

, but performed well in protecting the rearguard of the army as it withdrew. Army commander Gen.

Braxton Bragg Braxton Bragg (March 22, 1817 – September 27, 1876) was an American army officer during the Second Seminole War and Mexican–American War and Confederate general in the Confederate Army during the American Civil War, serving in the Weste ...

expressed his thanks to Finley for "his gallant bearing and prompt assistance in every emergency." Finley's brigade saw heavy fighting in the Atlanta Campaign of 1864. He was badly wounded at

Battle of Resaca The Battle of Resaca, from May 13 to 15, 1864, formed part of the Atlanta Campaign during the American Civil War, when a Union force under William Tecumseh Sherman engaged the Confederate Army of Tennessee led by Joseph E. Johnston. The battle ...

and placed on medical leave until the army reached

Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,715 ...

. At the

Battle of Jonesborough The Battle of Jonesborough (August 31–September 1, 1864) was fought between Union Army forces led by William Tecumseh Sherman and Confederate forces under William J. Hardee during the Atlanta Campaign in the American Civil War. On the first ...

, his horse was killed by artillery shell fragments, which severely wounded him again, but he refused to be evacuated to Atlanta until all of his wounded men had been taken care of. Finley was unable to return to his brigade for the remainder of the war. He tried to reach it in North Carolina after he recovered from a second wound, but Federal troops blocked his way.

Military Surrender

Finley surrendered with Maj. Gen.

Howell Cobb Howell Cobb (September 7, 1815 – October 9, 1868) was an American and later Confederate political figure. A southern Democrat, Cobb was a five-term member of the United States House of Representatives and the speaker of the House from 184 ...

Columbus, Georgia Columbus is a consolidated city-county located on the west-central border of the U.S. state of Georgia. Columbus lies on the Chattahoochee River directly across from Phenix City, Alabama. It is the county seat of Muscogee County, with which it ...

, and was paroled to

Quincy, Florida Quincy is a city in and the county seat of Gadsden County, Florida, United States. The population was 7,972 at the 2010 census, up from 6,982 at the 2000 census. Quincy is part of the Tallahassee metropolitan area. History Established in 1828, ...

on May 23, 1865.

Congressional Service to the United States of America (1876 to 1882)

Finley served in the United States House of Representatives during the 44th, 45th, and

47th United States Congress The 47th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1881, ...

as a member of the

Democratic Party (United States) The Democratic Party is one of the two major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero An ...

. Finley successfully contested the election of

Josiah T. Walls Josiah Thomas Walls (December 30, 1842 – May 15, 1905) was a United States congressman who served three terms in the U.S. Congress between 1871 and 1876. He was one of the first African Americans in the United States Congress elected during th ...

to the

44th United States Congress The 44th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. ) , image_sk ...

. Finley served in the from April 19, 1876, to March 3, 1877. Finley successfully contested the election of Horatio Bisbee, Jr. to the

45th United States Congress The 45th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1877, ...

and served from February 20 to March 3, 1879. He presented credentials as a Member-elect to the

and served from March 4, 1881, to June 1, 1882, when he was succeeded by Horatio Bisbee, Jr., who successfully contested Finley's election. Finley presented credentials on December 5, 1887, as a Senator-designate to the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

for the term commencing March 4, 1887, but was not permitted to qualify because the appointment was made before the vacancy occurred.

Electoral history

Personal life

Finley had a son, Charles A. Finley, who served as an administrator at

Florida Agricultural College The history of the University of Florida is firmly tied to the history of public education in the state of Florida. The University of Florida originated as several distinct institutions that were consolidated to create a single state-supported un ...

, and a daughter.

Death (1904)

Finley died on November 6, 1904 in Lake City, Florida. He was interred to Evergreen Cemetery in

Gainesville, Florida Gainesville is the county seat of Alachua County, Florida, Alachua County, Florida, and the largest city in North Central Florida, with a population of 141,085 in 2020. It is the principal city of the Gainesville metropolitan area, Florida, Gaine ...

Legacy

In the 1930s, the School Board of Alachua County (Florida) named an elementary school for Finley. JJ Finley Elementary School was located in

at the corner of Northwest 5th Avenue and 19th Street, about 1 kilometer north of the

University of Florida The University of Florida (Florida or UF) is a public land-grant research university in Gainesville, Florida. It is a senior member of the State University System of Florida, traces its origins to 1853, and has operated continuously on its ...

. On June 16, 2020, the School Board of Alachua County (Florida) removed J.J. Finley's name from the school, during protests associated with the

murder of George Floyd On , George Floyd, a 46-year-old black man, was murdered in the U.S. city of Minneapolis by Derek Chauvin, a 44-year-old white police officer. Floyd had been arrested on suspicion of using a counterfeit $20 bill. Chauvin knelt on Floyd's n ...

. The School Board will convene a citizen committee to recommend a new name by August 2020. In January 2019, the Gainesville City Commission named a city park in honor of Finley. The vote to name the park for Finley was unanimous. In February 2020, the City of Gainesville City Commission removed Finley's name from the park, by a unanimous vote. The City process to approve a new name required input from a citizen advisory board. The City suspended advisory board activity during the

COVID-19 pandemic in the United States The COVID-19 pandemic in the United States is a part of the COVID-19 pandemic, worldwide pandemic of COVID-19, coronavirus disease 2019 (COVID-19) caused by SARS-CoV-2, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). In the Uni ...

. The park remained unnamed through the pandemic. The Gainesville Sun inaccurately reported that the playground was renamed "as part of the city of Gainesville and Alachua County's truth and reconciliation process".

References

* Eicher, John H., and Eicher, David J., ''Civil War High Commands'', Stanford University Press, 2001, . * Jones, Terry L., "Jesse Johnson Finley", ''The Confederate General'', Vol. 2, Davis, William C., and Julie Hoffman (eds.), National Historical Society, 1991, . * Warner, Ezra J. ''Generals in Gray: Lives of the Confederate Commanders.'' Baton Rouge: Louisiana State University Press, 1959. . Retrieved on 2008-02-13 * Hardy, D.C., "Simon, A Slave v. The State of Florida: The Precedent-Setting Decision Establishing Confessions Extracted by Threats or Promises Are Inadmissible at Trial", Florida Bar Review, 2019, vol. 93, no. 5, available at https://www.floridabar.org/the-florida-bar-journal/simon-a-slave-v-the-state-of-floridathe-precedent-setting-decision-establishing-confessions-extracted-by-threats-or-promises-are-inadmissible-at-trial/#u6a74

Notes

, - {{DEFAULTSORT:Finley, Jesse J. 1812 births 1904 deaths Florida Whigs Florida Democrats Members of the United States House of Representatives from Florida Confederate States Army generals Judges of the Confederate States of America People of Florida in the American Civil War American lawyers Mayors of Memphis, Tennessee People from Lebanon, Tennessee Florida state senators Arkansas state senators American people of the Seminole Wars Democratic Party members of the United States House of Representatives 19th-century American politicians People from Marianna, Florida